People v. Smith CA4/1

INTRODUCTION

Ivory Smith appeals his conviction of two counts of felony battery upon

a non-confined person by a prisoner (Pen. Code,1 § 4501.5) and one count of simple assault (§ 240). His counsel has filed a brief seeking our independent

Statutory references are to the Penal Code unless otherwise specified. review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 to determine whether there are any arguable issues for review. We sent Smith notice that his attorney had filed a Wende brief and provided him with the opportunity to file a supplemental brief. He has not responded. After our independent review of the record, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On May 21, 2023, correctional officers Christian Espinoza and Ubaldo

Herrera conducted an afternoon standing count2 at Centinela State Prison. Officer Espinoza noticed Cell 236—Smith’s cell—had a cardboard window covering partially obstructing the view into the cell. Because inmates are not permitted to cover their cell windows, Officer Espinoza gave Smith a direct order to remove the window covering. Smith nodded in agreement, and…